Book contents
- Frontmatter
- Contents
- Preface and acknowledgements
- Introduction: sociology, society, law
- Part I Theoretical foundations of the sociology of law
- Part II Development and variations of the sociology of law
- Part III Sociological dimensions of law
- 7 Law and economy: the regulation of the market
- 8 Law and politics: the role of democratic law
- 9 Law and integration: the legal profession
- 10 Law and culture: the balance of values through norms
- Part IV Special problems of law
- Conclusion: Visions of the sociology of law
- Bibliography
- Index
8 - Law and politics: the role of democratic law
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface and acknowledgements
- Introduction: sociology, society, law
- Part I Theoretical foundations of the sociology of law
- Part II Development and variations of the sociology of law
- Part III Sociological dimensions of law
- 7 Law and economy: the regulation of the market
- 8 Law and politics: the role of democratic law
- 9 Law and integration: the legal profession
- 10 Law and culture: the balance of values through norms
- Part IV Special problems of law
- Conclusion: Visions of the sociology of law
- Bibliography
- Index
Summary
Even more than is the case with the interplay between law and economy, the interrelationship between law and politics is of special significance to the sociology of law. The reason for the special attention that must go to the interrelation between law and the polity is that the function of lawmaking is assigned to the legislative branch of government, particularly in societies that are organized as nation-states and that have highly codified and formalized legal systems. In the context of democratic societies, furthermore, law appears as one of the most central mechanisms to ensure that the participation of the populace in a state's governance, as well as the outcome of government in the form of legislative decisions, abide by standards of democracy. In autocratic states and in societies where there is little differentiation between political and legal functions, in contrast, law operates as an instrument of political domination that has no popular basis of legitimation. With the democratization of political systems, the politicization of law is no longer a constant factor, but, on the contrary, law becomes a guarantee against the abuse of political power. In this sense, law serves as a critical link between citizens and their government.
A useful theoretical entry into sociological discussions relating to democracy and law is provided by the discourse-theoretical analysis of the conditions of democratic law. Discourse theory has been advanced by Jürgen Habermas in his theory of communicative action.
- Type
- Chapter
- Information
- Sociology of LawVisions of a Scholarly Tradition, pp. 162 - 180Publisher: Cambridge University PressPrint publication year: 2008